Prochazka v. State

OPINION

SEERDEN, Chief Justice.

Appellant, Louis Charles Prochazka, was tried before a jury and convicted of driving while intoxicated. Appellant was sentenced to ninety days in jail, probated, and a five hundred dollar fine. Appellant raises a jurisdictional issue and alleges error in the charging instrument. We reverse.

Background

Appellant was charged by information with the misdemeanor offense of driving while intoxicated. Appellant moved to quash the information claiming lack of notice due to the use of the conjunctive “and” as opposed to the use of the disjunctive “or” in the State’s…